Kovarthan @P.Govarthanan vs State Rep By The Sub-Inspector Of ...
2026 Latest Caselaw 2609 Mad

Citation : 2026 Latest Caselaw 2609 Mad
Judgement Date : 14 May, 2026

[Cites 1, Cited by 0]

Madras High Court

Kovarthan @P.Govarthanan vs State Rep By The Sub-Inspector Of ... on 14 May, 2026

                                                                              CRL OP No. 12788 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                   DATED: 14-05-2026
                                                        CORAM
                                       THE HON'BLE MR.JUSTICE P. DHANABAL
                                         CRL OP No. 12788 of 2026
                 1. Kovarthan @P.Govarthanan
                    S/o. Palani
                    No.20 /2, Kannamangala Road,
                    Narayanapuram, Arcot Taluka,
                    Kavanur, Vellore – 632507

                 2. Rajkumar @ Rajkumar Nagaraj
                    S/o. Nagaraj,
                    No. C-59 (2), Kulathur Medu,
                    Muthumandabam West,
                    Vellore-632004

                                                                                       ..Petitioners
                                                          Vs
                 State Rep by The Sub-Inspector of Police,
                 Vellore North Police Station,
                 Vellore.
                 Crime no. 145 of 2026
                                                                                      ..Respondent

                          To grant anticipatory bail to the Petitioners/ Accused in Crime no. 145 of
                2026 in the event of arrest pending on the file of the Respondent police.
                                  For Petitioner    :   Mr.M.S.Sriraam

                                  For Respondent    :   Mr.A.Gopinath,
                                                        Government Advocate (Crl. Side)


                                                        ORDER

The petitioners / A3 & A4, who apprehend arrest in the hands of the

respondent police for the offences punishable under Sections 6(a) and 24(1) of

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the Cigarettes and other products (Prohibition of Advertisement and Regulation

of Trade and Commerce, Production, Supply and Distribution) Act, 2003, and

Section 123 of the B.N.S., 2023, seek anticipatory bail.

2. The case of the prosecution is that on 06.05.2026, based on secret

information, the respondent police conducted a search and seized a plastic bag

containing 38.372 kgs of banned tobacco products, valued at about Rs.41,156/-,

which were being carried by four persons. The respondent police arrested A1

and A2, while the petitioners/A3 & A4 absconded.

3. Learned counsel for the petitioners would contend that the petitioners

are innocents and they have been implicated, only based on the confessions of

the co-accused. As the custodial interrogation is not required in this case, he

prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side), reiterated the

prosecution case and on instructions, submitted that the respondent police had

seized the entire contraband products. It is also submitted that A3 has two

previous cases and A4 has seven previous cases, all of which have already been

disposed of, and that the co-accused has been released on bail.

5. Heard the learned counsel for the petitioners and the learned

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Government Advocate (Crl.Side) for the respondent police and perused the

materials available on record.

6. Considering the trivial nature of the offence, and taking into account

the facts that the respondent police have seized the entire contraband products,

and that the petitioners have been implicated solely on the basis of the

confession of the co-accused, this Court is inclined to grant anticipatory bail to

the petitioners on certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the

event of arrest or on his appearance within a period of fifteen days from the date

of receipt of a copy of this order, before the learned Judicial Magistrate-IV,

Vellore on condition that the petitioners shall execute a bond for a sum of

Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like

sum to the satisfaction of the respondent Police or the Police officer who

intends to arrest or to the satisfaction of the learned Magistrate concerned,

failing which, the petition for anticipatory bail shall stand dismissed and on

further conditions that:

[a] the petitioners and the sureties shall affix their photographs and Left

Thumb Impression in the surety bond and the Magistrate may obtain a copy of

their Aadhar card or Bank pass Book to ensure their identity.

[c] the petitioners shall report before the respondent police everyday

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at 10.30 a.m., for 30 days.

[d] the petitioners shall not tamper with evidence or witness either during

investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned

Magistrate/Trial Court is entitled to take appropriate action against the

petitioners in accordance with law as if the conditions have been imposed and

the petitioners released on bail by the learned Magistrate/Trial Court himself as

laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala

[(2005)AIR SCW 5560].

[g] If the accused thereafter abscond, a fresh FIR can be registered under

Section 269 B.N.S.

14-05-2026 nl

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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